The court held that no reasonable lay person could conclude

To maintain a copyright action, the plaintiff must include in NBA 2K22 MT their asserts enough proof to show that the defendant copied their job and that the copy is substantially similar to the original creation. To get a copy to be eligible as much under the Copyright Act, the similarities between the functions have to be more than de minimis (i.e. minuscule). Judge Swain found that the degree of replicating in this case fell below the threshold of substantial copying. In reaching this decision, Judge Swain utilized the ordinary observer test, which requires the court to think about whether a lay person would understand the breeding substantially copied and forced use of the plaintiff's copyright protected work.

The court held that no reasonable lay person could conclude that the tattoos featured in the match are substantially-similar to those featured on the bodies of the real players. In encouraging that holding, Judge Swain found that the images of these tattoos were twisted to Buy 2K22 MT a degree and were too modest in scale to matter (a mere 4.4percent to 10.96percent of the size of the actual things). Not just that, but just three out of 400 players featured in the game had tattoos that were at controversy. For the court, that quantity of replicating qualified as de minimis as opposed to substantial.